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Section 6A: Compassionate appointment of dependents of the deceased/ permanently incapacitated personnel of Armed Forces, Central Armed Police Forces (CAPF) and Indian Coast Guard

Rajasthan Ground Water Service Rules,1973State Act of Rajasthan · Act 1973 of 2023

(1) Notwithstanding anything contained in these rules, the Appointing Authority may fill the vacancies, subject to fulfillment of the educational qualifications and other service conditions prescribed under these rules with the concurrence of Department of Personnel and the Rajasthan Public Service Commission, if the post falls within the purview of the Commission, of the,- ____________________________________________________________________ @ Substituted for # “6A.Compassionate Appointment of Dependents of the Deceased/Permanently incapacitated Armed Force Service Personnel/Para-Military Personnel.- (1) Notwithstanding anything contained in these rules the Appointing Authority may fill the vacancies of the –

(i) posts up to pay scale number 9A to be filled in by direct recruitment by appointing on compassionate ground one of the dependents of a member of Armed Forces/Para Military Forces belonging to the State who becomes permanently incapacitated 1 “on or after 01-04-1999” in any defence operations including counter insurgency operation and operation against terrorists;

(ii) posts up to pay scale number 11 to be filled in by direct recruitment by appointing on compassionate ground, one of the dependents of a member of Armed Forces/Para Military Forces belonging to the State who dies 1 “on or after 01-04-1999” in any defence operation including counter-insurgency operation and operation against terrorists;

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(iii) post up to pay scale number 9A to be filled in by direct recruitment by appointing on compassionate ground, one of the dependent of member of Armed Forces belonging to the state, who died or was permanently incapacitated in war or any defence operations including counter insurgency operations and operations against terrorists during the period from 01.01.1971 to

31.03.1999.

Subject to fulfillment of the educational qualifications and other service conditions prescribed under the relevant Service Rules and with the concurrence of Department of Personnel and the Rajasthan Public Service Commission if the post falls within the purview of the Commission:

Provided that:- 2

(i) that the upper age limit shall be relaxed up to 45 years in case a dependent of a member of Armed Forces who died or was permanently incapacitated during the period from 01-01-1971 to31-03-1999, applies for appointment with-in one year of the commencement of these amendment rules.

(ii) If the Armed Forces/Para Military personnel who are permanently incapacitated are capable of and desirous of obtaining employment for themselves under the State Government, employment shall be given to them.

(iii) If the widow or the children of the Armed Forces/Para military personnel who are killed or permanently incapacitated are not a position to take up employment immediately employment will be given to them on acquiring of eligibility for appointment.

(2) Appointment shall be given to a dependent of Armed Forces/Para Military personnel only if any one of them has not got appointment on any post under the provisions of concerned service rules prevailing in the Government of India.

(3) Appointment shall not be given to such dependent if any of the other dependents of the Armed Forces/Para Military personnel is already employed on regular basis under the Central/any State Government or Statutory Board Organization/Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Armed Forces/Para Military Personnel.

Provided that this condition shall not apply where the widow seeks employment for herself.

(4) Such dependent shall address an application for the purpose to the Zila Sanik Kalyan Adhikari in the case of Armed Forces and the Officer Commanding the Para-Military Unit for Para-Military forces duly verified by the Head of the Unit where the deceased/permanently incapacitate member of the Armed forces/Para Military Forces was serving at the time of death/becoming permanently incapacitated. The application shall be considered in relaxation of the normal recruitment rules subject to the condition that the dependent fulfills the academic qualifications and experience, except for appointment to class IV for which educational qualification shall be relaxed and age limit prescribed for the post and is also otherwise qualified for Government Service.

(5) The application of such dependent shall be forwarded to the District Collector concerned for suitable appointment according to the qualifications possessed by the dependent. In the event of non-availability of vacancy in the District concerned the application shall be sent to the Divisional Commissioner who shall arrange appointment in any District under his jurisdiction.

3 “If the vacant post is not available under the jurisdiction of the Divisional Commissioner, then the application shall be referred by the Divisional Commissioner to Government in the Department of Personnel for providing appointment.”

(6) The application shall contain the following information:-

(i) Name and designation of the deceased/permanently incapacitated Armed Force/Para-Military Force personnel;

(ii) Unit in which he/she was working prior to death/becoming permanently incapacitated;

(iii) Date and place of death with death certificate issued by or the Authority competent to declare him a battle casualty or becoming permanently incapacitated.

(iv) Name, date of birth, educational qualification of the applicant and his/her relation with the deceased (with certificates)

Explanation :- for purpose of this rule-

(a) "Armed Force" means the Army, Navy and Air Force of the Union.

(b)"Dependent" means spouse of the deceased/permanently incapacitated person, son/adopted son, unmarried daughter/unmarried adopted daughter who were wholly dependent on the deceased/permanently incapacitated Armed Forces Service personnel/Para Military Personnel;

1 Inserted vide Notification No. F. 5(3)DOP/A-II/94.Dated: 10.06.2008.

2 Substituted for “the dependents of a member of Armed Forces/Para Military Forces belonging to the State shall be considered for appointment to the lowest post of the service (up to pay scale number 9A in case of permanently incapacitated personnel of Armed Forces/Para Military Forces and up to pay scale No. 11 in case he dies) at which direct recruitment is made, according to the qualification possessed by the dependent.” vide Notification No. F. 5(3)DOP/A-II/94.Dated: 10.06.2008.

3 Added vide Notification No. F. 5(3)DOP/A-II/94. Dated: 10.06.2008.

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(i) posts up to level in pay matrix L-10 to be filled in by direct recruitment by appointing on compassionate ground to one of the dependents of a member of Armed Forces who was or is a bonafide resident of the State and died/dies or became/becomes permanently incapacitated on or after 01.01.1972, in any defence operations including counter insurgency/counter terrorism operations and declared Battle Casualty by the Ministry of Defence, Government of India;

(ii) posts up to level in pay matrix L-10 to be filled in by direct recruitment by appointing on compassionate ground to one of the dependents of a member of Armed Forces who was or is a bonafide resident of the State and died/dies or became/becomes permanently incapacitated in any incident on or after

01.04.1999 and declared Physical Casualty by the Competent Authority of respective Headquarters of the Armed Forces; and

(iii) posts up to level in pay matrix L-10 to be filled in by direct recruitment by appointing on compassionate ground to one of the dependents of a member of Central Armed Police Forces (CAPF) and Indian Coast Guard who was or is a bonafide resident of the State and died/dies or became/becomes permanently incapacitated on or after 01.04.1999 in any defence operations including counter insurgency/counter terrorism operations and declared Operational Casualty by the Ministry of Home/Defence, Government of India:

(c) "Para-Military Force" means the Border Security Force Central Reserve Police Force, Indo Tibetan Border Police and any other Para-Military Force, as may be notified by Central and State Government from time to time;

Note:-1 „Adopted son/daughter‟ means legally adopted son/daughter by the deceased/permanently incapacitated person during his/her life.

(d) "Permanently incapacitated" means a person who is covered under the definition of the term "person with disabilities" as provided in the persons with Disabilities (Equal Opportunities, protection of Rights and Full Participation) Act, 1995 (Act No. 1 of 1996)” vide Notification No. F. 5(1)DOP/A-II/18 Pt. Dated 07.12.2022.

# Substituted for *“ Compassionate Appointment of Dependents of the Deceased/Permanently incapacitated Armed force Service Personnel/Para-Military Personnel:- (1) Notwithstanding anything contained in these rules the Appointing Authority may fill the vacancies of the post of Lower Division Clerk Class-IV Employee and post in Subordinate Service up to Scale No. 9 to be filled in by direct recruitment by appointing on compassionate ground one of the dependents of a member of Armed Forces/Para Military Forces belonging to the State who dies or becomes permanently incapacitated in action on or after commencement of this provision, in operations at the International Border or at the Line of Control.

Provided that in so far as appointment in subordinate service is concerned the dependents shall be considered for appointment to the lowest post upscale No. 9 at which direct recruitment is made according to the qualification possessed by the Dependent.

(2) Such dependent shall address an application for the purpose to the Zila Sainik Kalyan Adhikari in the case of Armed Force and the officer commanding the Para Military Unit for Para-Military Forces duly verified by the Head of the Unit where the deceased/permanently incapacitated member of the Armed Forces/Para Military Forces was serving at the time of death/becoming permanently incapacitated. The application shall be considered in relaxation of the normal recruitment rules subject to the condition that the dependent fulfills the academic qualifications and experience, except for appointment to Class-IV for which educational qualification shall be relaxed, and age limit prescribed for the post and is also otherwise qualified for Government Service.

(3) The application of such dependent shall be forwarded to the District Collector concerned for suitable appointment according to the qualifications possessed by the dependent. In the event of non-availability of vacancy in the District concerned the application shall be sent to the Divisional Commissioner who shall arrange appointment in any District under his jurisdiction.

(4) The application shall contain the following information:-

1. Name and designation of the deceased/permanently incapacitated Armed Force/Para Military Force Personnel;

2. Unit in which he/she was working prior to death/becoming permanently incapacitated'

3. The date of place of death with death certificate issued by the Authority competent to declared him a battle casualty or becoming permanently incapacitated;

4. Name, date of birth, educational qualifications of the applicant and his/her relation with the deceased (with certificates).

Explanation:- For purposes of this rule:-

(a) 'Armed Force' means the Army, Navy and Air Force of the Union.

(b) 'Dependent' shall mean spouse/son/adopted son, unmarried daughter/unmarried adopted daughter who were wholly dependent on the deceased/permanently incapacitated defence service personnel/Para-military personnel.

Note:- 'Adopted son/daughter' means legally adopted son/daughter by the deceased/permanently incapacitated person during his/her life.

(c) 'Para-Military Forces' means the Border Security Force, Central Reserve Police Force, Indo-Tibetan Border Police and any other Para-Military Force, as may be notified by Central and State Government from time to time.

(d)'Permanently incapacitated' means a person who has suffered more than 80% permanent physical impairment for more than 75% permanent neurological impairment in operation rendering him/her unfit for any kind of employment in future.

Note: 2- Assessment of permanent impairment would be in accordance with the Manual for Doctors to Evaluate Permanent Physical Impairment (DGHS-WHO AIIMS, New Delhi 1981)and certified by the Army Authorities and countersigned by Assistant Director, Medical Service IIQ 61(1) Sub Area Jaipur or certified by a Medical Board consisting of Head of Department of Orthopedics, Head of Department of Physical Medicine & Rehabilitation and Head of Department of Forensic Science of Medical College in Rajasthan.” vide Notification No. F. 5(3) DOP/A-II/94.Dated: 01.10.2002. w.e.f. 01.04.1999.

* Added vide Notification No. F. 5(3)DOP/A-II/94. Date: 07.02.2000.

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Provided that,

(a) the permanently incapacitated personnel of Armed Forces, Central Armed Police Forces (CAPF) and Indian Coast Guard who are capable of and desirous of obtaining employment for themselves under the State Government then the employment shall be given to them.

(b) the widow/widower or the dependent of deceased or permanently incapacitated personnel of the Armed Forces, Central Armed Police Forces (CAPF) and Indian Coast Guard are not in a position to take up employment immediately, employment will be given to them on acquiring of eligibility.

(2) Appointment shall not be given to such dependent or any of the other dependents of the Armed Forces, Central Armed Police Forces (CAPF) and Indian Coast Guard, if any one of the dependents is already employed on regular basis under the Central Government, any State Government or Statutory Board/Organization/ Corporation owned or controlled wholly or partially by the Central or any State Government at the time of death of personnel or permanent incapacitation of personnel of Armed Forces, Central Armed Police Force (CAPF) and Indian Coast Guard:

Provided that this condition shall not apply where the incapacitated person or widow/widower seeks employment for himself/ herself.

(3) Permanently incapacitated personnel/such dependent shall submit an application for the appointment to Zila Sainik Kalyan Adhikari and the Zila Sainik Kalyan Adhikari shall process with concerned Record Office/Designated Office/ Service Headquarters of the personnel of Armed Forces, Central Armed Police Forces (CAPF) and Indian Coast Guard for verification. The application shall be considered in relaxation of the normal recruitment rules subject to the condition that respective Service HQ/Records Office/Designated office duly verifies and the applicant fulfills the academic qualifications, experience and age limit prescribed for a particular post and also otherwise qualified for the Government Service.

(4) After fulfilling conditions mentioned in sub-rule (3) above, the application of such dependent/permanently incapacitated personnel shall be forwarded to the District Collector concerned for suitable appointment according to the qualifications possessed by the permanently incapacitated personnel/dependent. In the event of nonavailability of vacancy in the district concerned, the application shall be sent to the Divisional Commissioner who shall arrange appointment in any of districts under his jurisdiction. If vacant post is not available under the jurisdiction of the Divisional Commissioner, then the application shall be referred by the Divisional Commissioner to the Department of Personnel (A-II) for providing appointment.

(5) The application shall contain the following information, namely:-

(a) Name and designation of deceased/permanently incapacitated personnel of Armed Forces, Central Armed Police Forces (CAPF) and Indian Coast Guard;

(b) Unit in which he/she was serving prior to death/becoming permanently incapacitated;

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(c) Date and place of death with death certificate issued by the Authority competent to declare him/her a Battle Casualty/Operational Casualty/ Physical Casualty ;

(d) Certificate of permanent incapacitation (Disability Certificate); and

(e) Name, date of birth, educational qualifications of the applicant and his/ her relation with the deceased/permanently incapacitated personnel (Battle Casualty/Operational Casualty/Physical Casualty).

Explanation: For the purpose of this rule,-

(i) “Armed Forces” means the Army, Navy and Air Force of the Indian Union.

(ii) “Central Armed Police Forces (CAPF)” means Border Security Force, Central Reserve Police Force, Indo-Tibetan Border Police, Central Industrial Security Force, National Security Guard, Assam Riffles, Sashastra Seema Bal, as may be notified by Central or State Government, from time to time.

(iii) “Indian Coast Guard” means the force to ensure the security of Indian Coastal Regions and are working under the Ministry of Defence, Government of India.

(iv) “Dependent” means,-

(a) Spouse, or

(b) Son/son adopted by the deceased/permanently incapacitated personnel of Armed Forces, Central Armed Police Forces (CAPF), Indian Coast Guard before the time of his/her death/ permanent incapacitation; or

(c) Unmarried daughter/unmarried adopted daughter, widowed daughter/divorced daughter who is wholly dependent on deceased/permanent incapacitated personnel of Armed Forces, Central Armed Police Forces (CAPF), Indian Coast Guard before his/her death/permanent incapacitation, or

(d) Married daughter, if no other dependents of the deceased/ permanently incapacitated personnel of Armed Forces, Central Armed Police Forces (CAPF) and Indian Coast Guard mentioned in clause (b) and (c) above is available , or

(e) Mother, father, unmarried brother or unmarried sister in case of unmarried deceased/permanent incapacitated personnel of Armed Forces, Central Armed Police Forces (CAPF) and Indian Coast Guard Note: “Adopted son/daughter” means legally adopted son/daughter under the Hindu Adoption and Maintenance Act, 1956. For dependents belonging to other than Hindu religion, case will be referred to Department of Personnel (A-II) for necessary clarification.

(v) “Permanently incapacitated” means a soldier/person having minimum 40% disability and who has been declared permanently incapacitated by the respective Approving and Confirming Medical Authority of Army, Indian Navy, Indian Air Force, Central Armed Police Forces (CAPF) or Indian Coast Guard, as the case may be.

10 @ 6-C. Compassionate appointment of dependents of the deceased persons, who died or declare dead after missing in Uttarakhand Tragedy-2013.-

(1) Notwithstanding anything contained in these rules the Appointing Authority may fill the vacancies of the post up to level in pay matrix L-9 to be filled in by direct recruitment by appointing on compassionate ground to one of the dependents of a person who was bonafide resident of the State of Rajasthan and died in the Uttarakhand tragedy-2013, subject to the condition that,-

(i) The dependent must be a bonafide resident of the State of Rajasthan; and

(ii) The dependent fulfills academic and other qualifications and other conditions prescribed under these rules for respective post:

Provided that the procedural requirement for selection such as,-

(a) Computer qualification shall not be insisted upon at the time of appointment. The dependent shall have to possess any of the computer qualification as prescribed in the relevant rules within the period of probation, failing which his/her probation shall be deemed to be extended, unless the appointing authority terminates his/her services finding the performance wholly unsatisfactory;

(b) Training or departmental examination or typing on computer shall not be insisted upon at the time of appointment. The dependents shall however, be required to clear such training or departmental examination or typing test on computer in any one language, either in English or in Hindi, within a period of three years, unless the period is relaxed by Department of Personnel, for entitlement for confirmation, failing which his/her appointment shall be allowed until he/she acquires such qualification. On acquiring such qualification, annual grade increments shall be allowed notionally from the date of appointment but no arrears shall be paid.

Provided further that the widow appointed under the provisions of these rules shall be exempted from having computer qualification and passing the typing test on computer.

Provided also that the person with benchmark disability appointed under the provisions of this rule shall be exempted from passing the typing test on computer.

(2) Appointment shall not be given to such dependent, if any one of the dependents of such deceased or declared as dead after missing is already employed on regular basis under the Central/any State Government or Statutory Board/Organization/ Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the deceased or declaration of death of missing person:

Provided that this condition shall not apply where the widow seeks employment for herself.

Provided further that in case, the number of persons who died or declared dead after missing are more than one of any family, only one dependent shall be considered for appointment on compassionate ground.

____________________________________________________________________________ @ Added vide Notification No. F. 3(9)DOP/A-II/2013 Dated 08-08-2022.

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(3) Such dependent shall submit an application for appointment to the District Collector concerned. The District Collector shall forward the application with his recommendations to the Disaster Management, Relief & Civil Defence Department for verification. After the verification of death or declaration of death of such deceased, the application of such dependent shall be forwarded to the District Collector concerned for suitable appointment. In the event of non-availability of vacancy in the district concerned, the application shall be sent to the Divisional Commissioner who will arrange appointment in any District under his jurisdiction.

If vacant post is not available under the jurisdiction of the Divisional Commissioner, the application shall be referred by the Divisional Commissioner to the Department of Personnel (A-II) for providing appointment.

Explanation: For the purpose of this rule Dependent means,-

(i) spouse; or

(ii) son including son legally adopted by the person died or declared dead after missing during his/her life time; or

(iii) unmarried/widowed/divorced daughter including legally adopted daughter by the person died or declared dead after missing during his/her life time; or

(iv) married daughter, if no other dependent mentioned in clause (ii) and (iii) above is available; or

(v) mother, father, unmarried brother or unmarried sister in case of unmarried person died or declared dead after missing, who was wholly dependent on the person died or declared dead after missing at the time of his/her death.

(4) Notwithstanding anything contained in this rule persons who were appointed in pursuance of relief package dated 29-07-2013 issued by the Disaster Management and Relief Department shall be deemed to be appointed under the provisions of this rule from the date of commencement of the Rajasthan Various Service (V th Amendment) Rules, 2022, if they are otherwise eligible for appointment under this rule.”

Where this provision sits

ActRajasthan Ground Water Service Rules,1973
Section6A
Marginal noteCompassionate appointment of dependents of the deceased/ permanently incapacitated personnel of Armed Forces, Central Armed Police Forces (CAPF) and Indian Coast Guard
JurisdictionState of Rajasthan
StatusIn force as published by the source

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